Debtors, chapter 13 trustees and courts around the country are wrestling with whether "projected" disposable income is different than disposable income on the B22C form, and whether "applicable commitment period" is a time period or a multi…
Individual Chapter 11 Cases after BAPCPA: Can You Still Close the Case Early? Practitioners, judges and scholars have debated the ins and outs of BAPCPA in countless seminars and scholarly efforts. One area that courts will inevitably addre…
Discharge of Unfiled Taxes under BAPCPA: No More "Super" Discharge? The basic concept of a chapter 13 bankruptcy filing historically was to allow individual debtors to reorganize their finances. The policy of giving the debtor a chance to h…
The last time I wrote a column was shortly after the birth of my son. Since then, I’ve been delightfully occupied with the all-important task of raising Harrison, who I am happy to report is a bright, handsome and happy little guy (don’t wo…
Congress had a flurry of legislative activity before leaving for the Christmas recess on Dec. 22, completing action on some legislation changing the legal landscape on bankruptcy. However, several bills affecting the bankruptcy process, inc…
Congress moved quickly to enact legislation authorizing federal courts, including bankruptcy courts, to hold court sessions outside their usual places of business. The law is called the Federal Judiciary Emergency Special Sessions Act of 20…
This month's Update continues the series of articles examining BAPCPA in detail. Courts have long struggled with the issue of whether the Code permits a "ride-through" for a chapter 7 debtor's secured personal property. In fact, this questi…
Few provisions in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) have generated as much interest and inquiry as the new requirements that debtors obtain pre-filing budget and credit counseling and complete a po…
In his remarks preceding the signing of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), President Bush asserted a need to restore "integrity to the bankruptcy process" by noting that "[i]n recent years, too man…
This month's Update continues the series of articles examining BAPCPA in detail. A centerpiece of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) is the means test, set forth in revised §707(b) 1 of the Code. 2 …